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Master Netting Agreement
"I need a Master Netting Agreement under Belgian law for use between our investment firm and multiple banking counterparties, with specific provisions for derivatives trading and securities lending, to be implemented by March 2025."
1. Parties: Identification of the contracting parties and their legal status
2. Background: Context of the agreement and relationship between the parties
3. Definitions: Comprehensive definitions of terms used throughout the agreement, including financial terms, events of default, and calculation methodologies
4. Scope of Agreement: Description of transactions covered by the netting arrangement
5. Netting Provisions: Core provisions describing the netting mechanisms, including payment netting and close-out netting
6. Representations and Warranties: Fundamental statements about parties' capacity, authority, and compliance with laws
7. Events of Default: Comprehensive list of circumstances constituting default and triggering netting rights
8. Early Termination: Procedures and consequences of early termination, including calculation methods
9. Set-off Rights: Provisions regarding rights to set off obligations against each other
10. Governing Law and Jurisdiction: Specification of Belgian law as governing law and jurisdiction arrangements
11. Notices: Communication procedures between parties
12. Miscellaneous: Standard boilerplate provisions including severability, amendments, and entire agreement
1. Credit Support Arrangements: Optional section for including collateral provisions, used when parties agree to exchange collateral
2. Multi-branch Provisions: Required when either party operates through multiple branches or offices
3. Special Entity Provisions: Additional provisions required when one party is a regulated entity or public body
4. Tax Provisions: Detailed tax provisions required when parties are in different jurisdictions or specific tax considerations apply
5. Electronic Trading Provisions: Required when parties engage in electronic trading or platform-based transactions
6. Agency Provisions: Required when one party acts as agent for third parties
1. Schedule 1 - Transaction Types: List and specific provisions for each type of financial transaction covered
2. Schedule 2 - Form of Confirmation: Standard form(s) for confirming individual transactions
3. Schedule 3 - Calculation Methods: Detailed methodologies for calculating close-out amounts and valuations
4. Schedule 4 - Contact Details: Contact information for notices and communications
5. Appendix A - Special Conditions: Any jurisdiction-specific provisions required under Belgian law
6. Appendix B - Credit Support Document: Details of any credit support arrangements if applicable
7. Appendix C - Form of Legal Opinions: Standard form legal opinions required from each party
Authors
Banking
Financial Services
Insurance
Investment Management
Corporate Treasury
Energy Trading
Commodities Trading
Asset Management
Pension Fund Management
Public Sector
Securities Trading
Legal
Compliance
Risk Management
Treasury
Trading
Operations
Finance
Credit Risk
Regulatory Affairs
Documentation
Collateral Management
Portfolio Management
Legal Counsel
Compliance Officer
Risk Manager
Treasury Manager
Chief Financial Officer
Trading Manager
Operations Director
Credit Risk Officer
Regulatory Affairs Manager
Financial Controller
Portfolio Manager
Collateral Manager
Documentation Specialist
General Counsel
Head of Trading
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